CAIRNGORMS NATIONAL PARK BOUNDARY BILL

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 CAIRNGORMS NATIONAL PARK BOUNDARY BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS 1. As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany the Cairngorms National Park Boundary Bill introduced in the Scottish Parliament on 21 September 2006: Explanatory Notes; a Financial Memorandum; and the Presiding Officer s Statement on legislative competence. A Policy Memorandum is printed separately as SP Bill 72 PM. The Policy Memorandum includes a Summary Map. 2. In addition to the accompanying documents published by the Parliament (referred to in paragraph 1 above), the following documents have been made available on the Cairngorms National Park Boundary Bill page: An Overview Map; and Sixteen Boundary Maps. SP Bill 72-EN 1 Session 2 (2006)

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 EXPLANATORY NOTES INTRODUCTION 3. These Explanatory Notes have been prepared by Scott Martin, Solicitor, on behalf of John Swinney MSP, the member in charge of the Bill. They have been prepared in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by the Parliament. 4. The Notes should be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a section, or a part of a section, does not seem to require any explanation or comment, none is given. SUMMARY OF THE BILL 5. The Bill extends the boundaries of Cairngorms National Park to include parts of Highland and Eastern Perthshire within the National Park. It also makes consequential changes to the composition of Cairngorms National Park Authority. COMMENTARY ON SECTIONS Section 1 Definitions 6. This section defines the designation order and Cairngorms National Park Authority as they are used in the Act. Section 2 Extension of Cairngorms National Park 7. Cairngorms National Park was the second National Park designated under the National Parks (Scotland) Act 2000 (asp 10) ( the 2000 Act ). 1 Cairngorms National Park Authority was established on 25 March 2003 and became fully operational on 1 September 2003. 8. The boundary of Cairngorms National Park was defined by reference to a map deposited with The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1) ( the designation order ). The map is subdivided into Boundary Maps 1 to 15, which are at 1:50,000 scale. 2 The Scottish Executive also produced a map giving a general guide to the area 3 as well as a page layout map showing the location of the areas covered by the boundary maps. Both of these maps are at 1:300,000 scale. 1 The first National Park was the Loch Lomond and The Trossachs National Park. The National Park authority in relation to this Park was established on 8 July 2002 and became fully operational on 19 July 2002. 2 These maps are available for public inspection at the local authorities which currently have areas within Cairngorms National Park (Highland Council, Aberdeenshire Council, Moray Council and Angus Council). 3 Available on the Office of Public Sector Information (www.opsi.gov.uk) as a link from the designation order. 2

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 9. This section extends the area of Cairngorms National Park. This takes in parts of Highland and Eastern Perthshire including the Forest of Atholl and the community of Blair Atholl, the Beinn Udlamain mountain group to the West of the A9, an area around the A93 including Glas Tulaichean and the Spittal of Glenshee (excluding Kirkmichael). 10. The new area is defined in a set of Sixteen Boundary Maps at 1:50,000 scale. These maps are available on the Scottish Parliament website (www.scottish.parliament.uk). An Overview Map at 1:300,000 scale, showing the location of the areas covered by each of the Boundary Maps, is also on the website. A Summary Map is included as part of the Policy Memorandum, printed as SP Bill 72 PM. Section 3 Membership of Cairngorms National Park Authority 11. The general purpose of National Park authorities as set out in Section 9(1) of the 2000 Act is to ensure that the National Park aims are collectively achieved in relation to the National Park in a co-ordinated way. Under Section 1 of the 2000 Act, the National Park aims are: (a) to conserve and enhance the national and cultural heritage of the area, (b) to promote sustainable use of the natural resources of the area, (c) to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and (d) to promote sustainable economic and social development of the area s communities. 12. Sections 9 to 20 of the 2000 Act set out the purpose and functions of National Park authorities. Schedule 2 contains detailed general powers. Schedule 3 confers miscellaneous functions on National Park authorities. Some of the more important powers and functions are: the requirement to prepare and review National Park Plans; the provision of information, educational services and facilities for the purpose of promoting understanding and enjoyment of the Park; the setting up of Advisory Groups; the carrying out of research; the provision of Advice and assistance; the acquisition of land; the ability to enter into Management agreements with landowners; the securing of access to the Park and the award of grants to persons doing anything which is conducive to the attainment of the National Park aims. 13. The planning functions of Cairngorms National Park Authority are set out in article 7 of the designation order. Cairngorms National Park Authority is not the planning authority for the area covered by the National Park. 4 It only exclusively exercises the function of a planning authority in relation to the preparation of local plans. Other functions are shared with the local authorities. Applications under planning legislation are determined by Cairngorms National Park Authority when, in the opinion of the authority, the application raises a planning issue of general significance to the National Park aims. These are known as called-in applications. 14. The Authority is currently made up of five directly elected members 5 and twenty members appointed by the Scottish Ministers. Half of the appointed members are appointed 4 This contrasts with the position of the Loch Lomond and The Trossachs National Park Authority, which is the planning authority for its National Park area in all respects except the preparation of structure plans. 5 Article 5(2) of the designation order. The electorate in terms of Paragraph 3(2) of Schedule 1 to the 2000 Act is drawn from those entitled and registered to vote as local government electors in the area of the National Park. The procedure for the elections, which is by postal vote, is contained in The Cairngorms National Park Elections (Scotland) Order 2003 (S.S.I. 2003/2). Elections are held every four years with the last election being held on 13 March 2003. 3

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 directly by the Scottish Ministers. The remaining ten members of the Authority are appointed by the Scottish Ministers on the nomination of the local authorities with areas within the National Park. Five of these members are nominated by Highland Council, three members are nominated by Aberdeenshire Council, one member is nominated by Moray Council and one member is nominated by Angus Council. 6 15. Five members of the Authority require to be appointed as local members. 7 This means that they have their sole or main residence within the National Park or they are a councillor for an electoral ward, or a member of a community council, any part of whose area is within the National Park. 8 Two of the five members nominated by Highland Council require to be local members as does one of the three members nominated by Aberdeenshire Council. 9 The remaining two local members can be drawn from either the directly appointed members or the members nominated by the local authorities. 16. Subsection (1) amends the designation order to reduce the number of members nominated by Highland Council from five to four. It also allows Perth and Kinross Council to nominate one member to the authority. The Bill retains the requirement that Highland Council includes two local members amongst its nominations to the Authority. 17. Schedule 1 to the 2000 Act contains a number of provisions on the composition of National Park authorities. Paragraph 3(1) of the Schedule provides that the membership of a National Park Authority cannot exceed twenty five. Under Paragraph 3(2)(a) the elected members must constitute at least one fifth of the membership. In terms of Paragraph 3(3) half of the members appointed by the Scottish Ministers are to be appointed on the nomination of local authorities in the area. 18. The members nominated by Highland Council have appointments which are due to expire on 30 June 2007. Subsection (2) allows these members to continue to serve as members of the Cairngorms National Park Authority until the end of their appointment despite the reduction in the number of members of the Authority nominated by Highland Council and the provisions referred to in the previous paragraph. Section 4 Short Title 19. This provides a short title by which the Act may be referred. 20. The Act does not make any provision on the commencement of the Act. This means that the Act comes into force on Royal Assent. 6 Article 5(4) of the designation order. 7 Article 5(3). 8 Paragraph 3(6) of Schedule 1 to the 2000 Act. 9 Articles 5(4)(a) and (b) of the designation order. 4

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 FINANCIAL MEMORANDUM COSTS ON THE SCOTTISH ADMINISTRATION 21. Cairngorms National Park Authority ( the Authority ) received 4,300,000 in Grant Aid from the Scottish Executive in the financial year to 31 March 2006 and will receive 4,500,000 in the year to 31 March 2007. The Grant Aid from the Scottish Executive represents over 95% of the income of the Authority with the remainder coming from the Authority s operations in the Park and from planning fees. Overall running costs of the National Park 22. The member in charge of the Bill does not consider that anything in the Bill will require the Executive to increase grant in aid beyond currently envisaged levels. It is accepted there will be ongoing expenditure associated with operating a larger park. It is anticipated however that these costs will be only minor administrative costs that can be absorbed within existing resources as it is not proposed in this Bill to establish any new offices for the Park Authority or locate any staff in the expanded Park area in Highland and East Perthshire. 23. One area where operating costs may have increased is in the provision of a Ranger service which is a common feature in National Parks. The Park Authority at present does not employ any individuals to directly provide Ranger Services on its behalf. Instead the Park Authority co-operates with other organisations that employ Rangers and co-ordinates the promotion of services provided by these organisations. The organisations that are currently involved in the provision of Ranger Services on this basis within the National Park include Angus Council, the National Trust for Scotland, Forestry Commission Scotland and Balmoral Estate. In the expanded area it would be envisaged that Ranger Services would be provided on the same basis involving Perth and Kinross Council, Perth and Kinross Countryside Trust and Atholl Estates. There would be only a negligible increase in costs in co-ordinating this provision. 24. The National Park supports initiatives on a project by project basis. It would be a matter for the Authority to determine which projects it intended to support within the expanded Park area but there are no proposals in this Bill for specific project expenditure that may increase the operating costs and commitments of the Authority. One-off costs associated with expanding the boundaries of the National Park 25. There will be a number of one-off costs associated with expanding the boundaries of the National Park to include the parts of Highland and East Perthshire that are proposed for inclusion. These are set out in the following sections but the member in charge of the Bill considers it would be reasonable for these costs to be met from the existing resources of the Authority provided mainly through Grant in Aid from the Scottish Executive. 26. The National Park Plan is expected to be finalised by the Authority in late 2006 and approved by the Scottish Ministers in early 2007. As a consequence of the passage of this Bill, 5

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 the Authority will have to revise the National Park Plan and other plans. There will be additional costs associated with preparing these new documents and in undertaking the necessary public consultation. It is likely that a significant proportion of the cost associated in undertaking this work will involve existing staff resources but there will be additional specific expenditure. Based on an estimate of the cost of the consultation exercise on the Draft National Park Plan and including consequent print and communication costs arising from a change to the Plan it is estimated that revision of plans would cost 15,000. 27. There will be further costs in reprinting material for the National Park which refers to the existing boundary and amendments will need to be made to the Authority s website. The latest publicly available figure for Marketing/Promotional work by the Park is 31,000 in 2005. It is estimated that the additional cost of reprinting material to reflect an expanded National Park would be 5-6,000 and ongoing marketing budgets would meet the costs of promoting the Park within its new boundaries. 28. The Cairngorms National Park Authority has established temporary metal signage at the various entrance points to the National Park. These temporary signs are due to be replaced by more substantial granite signs at the main entrance points to the Park. In relation to the proposed area of expansion of the Park, it is planned that two of these granite signs should be located at the current boundary on the A9 at Drumochter Pass and on the A93 at Glen Shee. To reflect the boundaries of the Park proposed in this Bill, there would be no need to produce additional granite signs as the boundary extension does not create any new access roads in the Park other than the A9 and A93 for which provision is already made. The cost of relocation could be avoided if the installation of these signs was delayed to await the consideration of this Bill. There would be the need to erect metal signs at Blair Atholl railway station. The Gateway signage project has a three year budget of approximately 400,000 in the period 2004-07 and it would be envisaged that revising the programme for establishing more substantial boundary markers could be absorbed in this total. An assumption of additional costs for the signage to reflect the expansion of the National Park would be 20,000. 29. There will be a cost associated with having an additional member of the authority for a temporary period until 1 July 2007. Local authority nominated members are currently paid around 190 a day to sit on the authority. They have a commitment of three days a month. The average annual cost of a member of the Authority is 7,000 plus expenses. 30. It is estimated that the total one-off costs of expanding the boundaries of the Park would be 48,000. Increased income from expanding the boundaries of the National Park 31. The area of Highland and East Perthshire that is proposed to be included in the Park already attracts a significant number of visitors and generates significant visitor income. The addition of these visitor numbers would have a beneficial effect on visitor income within the Park. 32. The Authority considers planning applications in called-in cases. Under the current Cairngorms National Park Development Control Protocol, planning fees for called-in cases are 6

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 collected by the local authority concerned. A sum representing half of these fees is remitted by the local authorities to the National Park Authority at the end of the calendar year. 10 Extending the area of the National Park will increase this income. The income generated in the financial year to 31 March 2005 from applications was approximately 38,000. COSTS ON LOCAL AUTHORITIES 33. Perth and Kinross Council will have to liaise with the Authority in planning and other matters. It will no longer require to prepare a local plan for the area covered by the Park. If the Authority decides to call-in a planning application, the responsibility for determining the application will be passed to the Authority. Under the arrangements with the existing local authorities, Perth and Kinross Council would lose half of its fee in called-in applications. This is likely to result in only a slight reduction in the revenue to Perth and Kinross Council from planning fees. 34. It would be envisaged that Perth and Kinross Council would co-operate in supporting the provision of Ranger Services in the expanded Park area. COSTS ON OTHER BODIES, INDIVIDUALS AND BUSINESSES 35. There could be additional costs on other bodies, individuals and businesses if the Authority adopts building design standards in the new areas which are higher than that currently required by Perth and Kinross Council. With this possible exception, the extension to the boundary should not create any compliance costs. 36. The extension to the Park will help to provide for sustainable business opportunities within the area to be brought within the Park. PRESIDING OFFICER S STATEMENT ON LEGISLATIVE COMPETENCE 37. On 19 September 2006, the Presiding Officer (Rt. Hon. George Reid) made the following statement: In my view, the provisions of the Cairngorms National Park Boundary Bill would be within the legislative competence of the Scottish Parliament. 10 The Protocol is available on the Cairngorms National Park Authority website (www.cairngorms.co.uk). 7

These documents relate to the Cairngorms National Park Boundary Bill (SP Bill 72) as introduced in the Scottish Parliament on 21 September 2006 CAIRNGORMS NATIONAL PARK BOUNDARY BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) Parliamentary copyright. Scottish Parliamentary Corporate Body 2004. Applications for reproduction should be made in writing to the Licensing Division, Her Majesty s Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ Fax 01603 723000, which is administering the copyright on behalf of the Scottish Parliamentary Corporate Body. Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by Astron. ISBN 1-4061-2560-1 9 7 8 1 4 0 6 1 2 5 6 0 3 SP Bill 72-EN 1.20 Session 2 (2006)